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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33827
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a mortgage, it is solely on my name. I don't live at

Customer Question

I have a mortgage, it is solely on my name. I don't live at the house, my ex-husband lives there and pays the mortgage/we agreed to this, but we have not signed any rent agreement.
He wants me to sign a power of attorney, so he can deal easily with the matters regarding the house. I don't want to do this, as I don't trust him so much to leave everything with him.
What is your view about this?
Could I do anything partial, meaning to give him some rights to decide, but with the decision depending on me?
Thank you,
Iwona
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was your Decree Absolute and is this arrangement part of the Financial Agreement between you
What matters does he actually wish to deal with?
What will happen to the house when he no longer wishes to live there
Clare
Customer: replied 1 year ago.

We don't have a formal separation yet.

This is just a "verbal agreement" between us, meaning paying the mortgage.

It is difficult to talk to him about details and I am concerned that he may want to sell the house (as power of attorney will give you the rights to act on my behalf)...

He contacted bank on one occasion/wrote a letter as if it was from me. The bank contacted me...He wanted to get a holiday payment and was upset that he was told that I am the person who takes decisions about the mortgage.

If he no longer wishes to live there I will sell the house.

He has been living on his own for around 10 years...

Expert:  Clare replied 1 year ago.
Hi
For clarity - you are still married and this is the matrimonial home?
How much is it worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 1 year ago.

Yes, we are still married, haven't seen each other for years.

It is worth around 55.000, but I don't think it will sell at this price...There is still 54.920 to pay. The house is in need for renovation. It has new double glazed windows. Two bedrooms.

The reason I have not decided to sell it yet is that it is in a negative equity.

My husband is retired, has an usual state pension + army pension. As far as I know he has lots of debts. If no debts he would have more than 1000 a month.

I am just in the process of changing jobs and will have around 43.000 a year.

I am thinking about getting a formal separation, but I have been struggling financially and have not had money to do so.

Expert:  Clare replied 1 year ago.
Hi
Has he specified why he feels he needs Power of Attorney - what does he say he wishes to do?
Clare
Customer: replied 1 year ago.

Claire, thank you. This is what I need to ask him, but it is difficult to get a straight answer from him...My hunch is that it is simply that he wants to feel in control...

Tell me please with Power of Attorney he can take complete control over the house and mortgage, yes?

Is there any way to give him only a partial control, lets say to organise matters related to sell but with my final word for this?

Expert:  Clare replied 1 year ago.
Hi
What other assets do you have?
Clare
Customer: replied 1 year ago.

Nothing really...

Expert:  Clare replied 1 year ago.
Hi
Is your ex willing to accept responsibility for the shortfall if the house is sold
Clare
Customer: replied 1 year ago.

Yes...

At the moment the problem is more of "an emotional nature"- he is pressurising me to sign the Power of Attorney. He is aware that it will be difficult to sell this house, so he knows if he walks out (he is capable of doing this), I will be left with a big problem...

This house seems the last thing to manipulate my feelings...

I live elsewhere, as I have my job here; it is difficult to get jobs in North England.

Expert:  Clare replied 1 year ago.
Hi
There is nothing that your ex needs Power of Attorney for other than to deal with the Mortgage Company or a sale.
You can however have a Power prepared for you to sign that allows him to deal with all legalities other than a sale or the renegotiation of the mortgage and sign that
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33827
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello again, you helped me back in June. The problem continues.

He is thretening me that the morgage has been payd from his account. We don't have a rental agreement. He lives there and instead of rent pays the mortgage.

He tells me that he can proof in the court and I have nothing to say...

He tells me that nothing in the house belongs to me...

The mortgage is on my name solely. I used to live in the house for few years, then moved to London because of work.

As I am a house owner I cannot get any cheaper accommodation in London. In order to get cheaper accommodation in London, I need to put house on sell.

If we did not have any agreement for him paying rent and he pays for the mortgage, which is for him to live in the house (as if he paid a rent), is he right to threaten me that this is him who pays the mortgage, therefore the court will take his side?

Additionally, we did buy a lot of things together or i bought them myself, is he right that "nothing in the house is mine"?

Expert:  Clare replied 1 year ago.
Hi
What he is saying is nonsense so do not worry about it
Why do you need to sell the property to get other accommodation?
Clare
Customer: replied 1 year ago.

Thank you Claire. He tries to threthen me and of course, because I dont know much about the law, he uses this to get me into a panic state.

He still wants me to sign the Power of Attorney, of course I refused. So he says that he will win the house in court, as he pays the morgage.

As I said, the mortgage is on my name, and he pays the money as an equivalent of rent, as he has been living there...

I cannot sell house in Bradford, where he lives, as it is still in a negative equity...

I cannot get in London to so called "key-workers" and "cheap rent" accommodation. I am able to rent a flat, but cannot get the cheaper option.

Customer: replied 1 year ago.

Claire,

could the money he pays every month be considered as rent, even if it appears on his bank statement as a morgage payment to my bank?

Customer: replied 1 year ago.

Clare,

could you tell me please, if the money he pays every month could be considered as rent, even if it appears on his bank statement as a morgage payment to my bank?

Expert:  Clare replied 1 year ago.
Hi
Do eiether of you have any assets other than the Bradford property?
Clare
Customer: replied 1 year ago.

Not many, some pictures, books, nothing really.

The mortgage is still not paid...so Bradford property does not look as any asset as well...

He has lots of debts...but also an Army pension...

I am not in the best financial situation at present myself...but I earn about 43.000 a year (all goes either to loan, rent, etc). I have lots of debts because of him...e.g. took the loan to consolidate his debts...

He is going to send divorce papers soon...

Expert:  Clare replied 1 year ago.
Hi
For clarity - given that there is negative equity how will a sale assist you?
Ho wold are you both?
Clare
Customer: replied 1 year ago.

It would affect only me, I dont think he would take any responsibility. I was thinking about selling but it is difficult to sell in Bradford.

So him living in the house is some option, but only temporary...but he feels entitled to everything...

Expert:  Clare replied 1 year ago.
I am still unclear about the issue that you are concerned about.There is no equity in the property.Your ex is currently paying the mortgage.Can you actually afford the costs of sale?
Customer: replied 1 year ago.

I am concerned about that he is telling me that because he pays the mortgage, I have no rights to the house.
I told him that actually this could be considered as his rent, he objected and said that he would win in the court as he pays the mortgage, not rent.

I cannot afford at present selling the house...

Expert:  Clare replied 1 year ago.
Hi
Is wrong.
No matter whose name is ***** ***** deeds, or who pays the mortgage, you both have an interest in the property - you as the owner and he as your husband
Just ignore him
Clare
Customer: replied 1 year ago.

Thank you.

Expert:  Clare replied 1 year ago.
You are most welcome I hope all goes well

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